City Council

Minutes from the Petersburg City Council meeting held on: May 20, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, May 20, 2014, at the Union Train Station. Mayor Moore called the regular session meeting to order at 7:30p.m. 1. REGULARLY-SCHEDULED MEETING – 7:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member W. Howard Myers Council Member Ken M. Pritchett Council Member Carl M. Ross Council Member Treska Wilson-Smith Mayor Brian A. Moore Absent: Vice Mayor Horace P. Webb Present from City Administration: Finance Director Irvin Carter City Attorney Brian K. Telfair Clerk of Council Nykesha D. Jackson, CMC 3. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in the pledge of allegiance. 4. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) a. Presentation by Central Virginia Waste Management Recycling providing an update on the recycling program. BACKGROUND: The City started curbside recycling in March 2013. The City, with CVWMA, continues to do educational and outreach programs to increase recycling awareness. RECOMMENDATION: No action is requested. For information only. Kim Hynes, Executive Director of Central Virginia Waste Management Authority, gave a brief PowerPoint presentation providing an update on the recycling program. There was discussion among City Council Members. b. Proclamation designating May 18-24 as Public Works Appreciation Week. BACKGROUND: Public Works professionals provide essential infrastructure services to the citizens of Petersburg to protect the general health, safety, and welfare of the community. RECOMMENDATION: Recommend Council present the attached proclamation. Steven Hicks, Director of Public Works, stated that City Council has been doing this for the past couple of years and that he appreciates and thanks them for this. He stated that this is a demonstration of City Council support as well as the City Manager. He stated that they have good staff that wants to make a difference and that they are committed as well. He stated that there is a lot going on throughout the nation and region in celebration of this week. 5. CONSENT AGENDA: a. A request to schedule a public hearing on the proposed disposition of publicly-owned properties addressed as 1004 and 1015 Commerce Street. Council Member Pritchett made a motion to adopt the consent agenda with a public hearing on June 3, 2014, for the disposition of publicly-owned properties addressed as 1004 and 1015 Commerce Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, and Moore; Absent: Webb 6. OFFICIAL PUBLIC HEARINGS: (In accordance with the Rules of Council, public comment will be heard before discussion by Council. Once discussion has started, no further input from the public will be accepted. Each speaker will be limited to three (3) minutes.)  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -2– ______________________________________________________________________________ a. A public hearing on the proposed disposition of publicly-owned property addressed as 453 Harding Street, via a lease agreement. BACKGROUND: The City is considering leasing publicly-owned property addressed as 453 Harding Street. The property is improved with a structure that was formerly the site of the Harding Street Community Center. A proposal has been received to convert the structure into a year-round indoor garden and food distribution facility. As part of the grant, VSU will be renovating the facility to meet its needs. RECOMMENDATION: Recommend Council authorize the City Manager to enter into a lease agreement for the subject property. Dr. Marcus Comer gave a PowerPoint presentation on the property addressed as 453 Harding Street. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, stated that he is upset. He stated that there is no recreation facility in the City. He stated that this building has sat and sat for a while. He stated that this recreation means a lot to him. He stated that the building is historical as well. He stated that the City is putting money into everything else but children in the City. He stated that he applauds that they are looking at the health aspect of it. He stated that there is no facility for the children to have recreation in. He stated that he is not against what Mr. Cromer is doing. He stated that he is glad to see this happening. He stated that people from different countries come and buy stores and stock them up with beer coolers but there is no fresh fruit in the stores. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Myers made a motion to authorize the City Manager to enter into a lease agreement for the subject property addressed as 453 Harding Street. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-38 AN ORDINANCE AUHTORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT FOR SUBJECT PROPERTY ADDRESSED AS 453 HARDING STREET. b. A public hearing on an ordinance declaring 16 South Dunlop Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: This property received a Repair or Demolition Notice in 2011 as well a grass violation and a Notice to secure in 2009. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 16 S. Dunlop Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 16 S. Dunlop Street. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, stated that the citizens would like to thank City Council for taking the steps in Operation Renew. He stated that they applaud the effort. He stated that it is not just drugs that are the problem with the blighted homes. He stated that there are a lot of children in the neighborhoods that play. He stated that a lot of times the children play around these blighted homes. He stated that he hopes that everything that they tear down they look at this to build up. He stated that everyone should know that this project cannot be done by itself. He stated that it takes the entire neighborhood. Lieutenant Wills stated crime only goes where everyone allows it. He stated that the blighted homes are issues and hazards for the young children in the areas and neighborhoods. He stated that a lot of homeowners have just left the homes unattended and for drug dealers to use the homes to hide drugs. He stated that they had an incident where a chase ended up in one of the homes and the police officer fell through the floor and was out of work for almost two months. He stated that when the houses are gone then the drug dealers have nowhere to hide their drugs. There was discussion among City Council Members. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 16 South Dunlop Street. The motion was seconded by Council Member Coleman. The motion was approved on  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -3– ______________________________________________________________________________ roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-39 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 16 S. DUNLOP STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. c. A public hearing on an ordinance declaring 212 South Jones Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. This Public hearing is being continued until a meeting in June 2014. d. A public hearing on an ordinance declaring 216 South Jones Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. This Public hearing is being continued until a meeting in June 2014. e. A public hearing on an ordinance declaring 222-224 South Jones Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. This Public hearing is being continued until a meeting in June 2014. f. A public hearing on an ordinance declaring 227 South Jones Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. This Public hearing is being continued until a meeting in June 2014. g. A public hearing on an ordinance declaring 824-826 Hinton Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: This property has received a couple of grass violations and in 2013 received a Repair or Demolition Notice. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 824- 826 Hinton Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 824-826 Hinton Street. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 824- 826 Hinton Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-40 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 824-826 HINTON STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. h. A public hearing on an ordinance declaring 908-910 Commerce Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 908- 910 Commerce Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 908-910 Commerce Street. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 908- 910 Commerce Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-41 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 908-910 COMMERCE STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. i. A public hearing on an ordinance declaring 934-936 Commerce Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance.  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -4– ______________________________________________________________________________ BACKGROUND: This property has had a couple of grass violations and in 2011 received a Repair or Demolition Notice. In 2009 an Exterior Housing Report was issued requesting repairs of the paint, trim areas, siding, broken windows. There was also a note by the Inspector of structural damage. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 934-936 Commerce Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 934-936 Commerce Street. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 934- 936 Commerce Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-42 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 934-936 COMMERCE STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. j. A public hearing on an ordinance declaring 1114-1116 Hinton Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: The owner of this property received a Notice to Secure the property in 2010 and a Notice to Repair or Demolish in 2012 due to lack of maintenance of the property. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 1114-1116 Hinton Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 1114-1116 Hinton Street. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 1114-1116 Hinton Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-43 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1114-1116 HINTON STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. k. A public hearing on an ordinance declaring 1130-1132 Hinton Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: This property received a Repair or Demolition Notice in 2001, 2004, 2005 and 2013. Exterior Housing reports that were issued requested the repair of exterior walls, windows, door frames, stairways, decks, roofs, and drainage. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 1130-1132 Hinton Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 1130-1132 Hinton Street. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 1130-1132 Hinton Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-44 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1130-1132 HINTON STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE.  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -5– ______________________________________________________________________________ l. A public hearing on an ordinance declaring 1158 Hinton Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: This property received a Repair or Demolition Notice in 2001, 2011, and 2012. Exterior Housing reports that were issued requested the repair of exterior walls, windows, door frames, stairways, decks, roofs, and drainage. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 1158 Hinton Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 1158 Hinton Street. Council Member Myers made a motion to approve and adopt the proposed ordinance pertaining to 1158 Hinton Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-45 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1158 HINTON STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. m. A public hearing on authorizing the City Manager to execute a contract providing two (2) easements to Verizon Wireless, to include: 1) a non-exclusive right-of-way on City-owned property located at 2975 Frontage Road; and 2) the use of the City’s radio tower. BACKGROUND: The granting of easements and Right of Way on 2975 Frontage Road, also identified as Tax Parcel 064-03-0800, to Verizon will permit Verizon to install antenna’s and other radio communication equipment on the City’s Radio Tower for communication purposes. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Coleman made a motion authorizing the City Manager to execute a contract providing two (2) easements to Verizon Wireless, to include: 1) a non-exclusive right-of-way on City-owned property located at 2975 Frontage Road; and 2) the use of the City’s radio tower. The motion was seconded by Council Member Pritchett. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-46 AN ORDINANCE TO DISPOSE OF A PORTION OF CITY-OWNED PROPERTY LOCATED AT 2975 FRONTAGE ROAD, FURTHER IDENTIFIED AS TAX PARCEL 064-03-0800, BY THE GRANTING OF TWO (2) EASEMENTS, ONE (1) NON-EXCLUSIVE RIGHT OF WAY AND USE OF THE CITY’S RADIO TOWER. n. A public hearing on an ordinance amending Section 50-62 and Section 50-63 of the Code of the City of Petersburg, pertaining to nuisances. BACKGROUND: Notice to an owner to remove items deemed to be a nuisance has been changed in §50-62 to reduce the amount of time a nuisance is allowed to exist in the City. Additionally, the penalty for excessive high growth of weeds to come into conformity with the Code of Virginia. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance amending Section 50-62 and 50-63 of Chapter 50 of the Code of the City of Petersburg. Howard Hines, Building Official, gave a brief overview of amending the code. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, asked if Mr. Hines could give the public a better understanding of what is taking place with the ordinance. Mr. Hines stated that several years ago the tall grass ordinance was amended to 12 inches. He stated that this is in Section 50-62 of the ordinance. He stated that the Section 50-63 is also an ordinance regarding trash and debris. He stated that trash and debris is a ten day notice currently. He stated that they are going to  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -6– ______________________________________________________________________________ combine the two so that the notice will be a 48 hour notice and the debris, trash and grass would fall into connection with everything. Vernel Gannaway, 652 Old Wagner Road, stated that this could be the same for the business owners as well with the grass cutting and so forth. He stated that there are some business owners who have high grass and they also have materials that are left behind that have not been picked up yet. He asked Mr. Hines how this would be handled. Mr. Hines stated that normally if a business is up and operating the fire marshal would handle this. He stated that this would be handled the same way. He stated that if it is a new construction he can handle this himself. He stated that there is criteria for new construction and that debris should not be blowing around. He stated that there are building codes for this. He stated that the fire marshal or any sworn police officer would be able to handle this since it is a code and ordinance of the City. Willie Nickleberry, 421 Pine Ridge Road, stated that when he purchased his property on Pine Ridge Road they had access ways. He stated that when the subdivision was first built there was an easement. He stated that he was gone for several years to Texas and then he moved back. He stated that he called and he was told that the City no longer takes care of easements. He stated that he was told because the City had new ideas for picking up trash. He stated that on Pine Ridge Road they have pine trees growing in the neighborhood and that people are using these trees to hide especially drug dealers. Mr. Hicks stated that alleys in most residential settings are easements. He stated that there are very few that are City property or right-of-way. He stated that an easement allows vehicles to have access in between residential homes. He stated that this does not mean that the City is responsible for cleaning it. He stated that in certain settings of the code the residents are responsible for easements and all the way to the curb of the property. He stated that the easements only give the City access. He stated that this is not a property and that this is a resident responsibility. He stated that there are a lot of easements that are not the City’s responsibility. Seeing no further hands, Mayor Moore closed the public hearing. Council Member Ross made a motion to amend Section 50-62 and Section 50-63 of the Code of the City of Petersburg, pertaining to nuisances. The motion was seconded by Council Member Pritchett. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-47 AN ORDINANCE TO AMEND SECTION 50-62 OF ARTICLE III, OF CHAPTER 50, CHANGING THE AMOUNT OF TIME AN OWNER IS NOTIFIED TO CORRECT A NUISANCE, AMEND SECTION 50-63 TO PREVENT VEGETATION FROM IMPEDING SAFETY AND MOVEMENT OF VEHICLES AND CHANGING THE PENALTY IN ACCORDANCE WITH THE VIRGINIA STATE CODE, OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED. o. A public hearing on an ordinance adding Section 2-286 to the Code of the City of Petersburg to create an auditing procedure regarding funds donated to non-City recipients. BACKGROUND: To update the City Code and create an auditing procedure when funds are donated to non-City recipients. RECOMMENDATION: Recommend Council approve and adopt the proposed ordinance adding Sec. 2-286 to Chapter 2 of the Code of the City of Petersburg. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, asked what does the original ordinance state and why would the City be donating money to non-City recipients when the City is not taking care of the people in the City like they are supposed to. Mr. Telfair stated that there is currently no ordinance for this. He stated that this is the reason for a need for one. He stated that this ordinance will allow the City to have access to books of the organization or non-City recipients. He stated that this is decided upon by City Council. Mr. Christian stated that he hopes that this is something that they would pass without too much confrontation. He stated that he is trying to understand why there is not an ordinance on the books. He asked how the City got into this practice. He stated that he would like to know where the tax payer’s dollars are going. Council Member Myer made a motion to approve an ordinance adding Section 2-286 to the Code of the City of Petersburg to create an auditing procedure regarding funds donated to non-City recipients. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes:  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -7– ______________________________________________________________________________ Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb 14-ORD-48 AN ORDINANCE TO ADD SECTION 2-286 OF ARTICLE VI, OF CHAPTER 2, OF THE CODE OF THE CITY OF PETERSBURG, AS AMENDED, ADDING THE REQUIREMENTS OF AUDITS TO RECIPIENTS OF CITY FUNDS. p. A public hearing on Petersburg Area Transit’s FY2015 Program of Projects. BACKGROUND: The Petersburg Area Transit (PAT) is preparing its Federal Transit Administration Capital Program of Projects (POP) for the upcoming fiscal year. PAT is applying for a total of $1,290,517 in FTA section 5307 and 5339 capital funds. Attached are the overview of improvements which utilize apportioned FY11, FY12, FY13 and FY14 FTA funds. RECOMMENDATION: Recommend Council receive public comment. Dironna Belton, Transit Manager, gave a brief overview of the Petersburg Area Transit’s FY2015 Program of Projects. Mayor Moore opened the floor for public comment. Vernel Gannaway, 652 Old Wagner Road, stated that he is really excited to hear what Ms. Belton has stated. He stated that he sees that a person has a vision for the City and has something that is going to be done. He stated that he is hoping that if City Council accepts this they have the localities that will open their hands up to the city, especially the ones that turned their back on the City. Sarah Melissa Witiak, 22 Centre Hill Court, stated she would like to commend the transit authority for applying for this grant. She stated that this is a wonderful thing. She stated that as the City goes through the process and gets the new equipment she hopes that the price of the tickets remains the same. She stated that she would like them to consider connecting to the Amtrak station for transport to and from the station. Amy Blumenthal, 539 Reservoir Avenue, stated that she did not hear anything with regards to making it accessible to park at the bus station. She stated that she wanted to go to Richmond last week but only for that day. She stated that she was told that no matter where she parked her car it would get towed. She stated that she would like to have the incorporation of a number of spaces for day trip people. She stated that she thinks that she also remembers from a discussion about more routes being done. Mrs. Belton stated that set to be completed at the end of this month is a 34 space parking lot beside the bus station. She stated that the lot will be completed at the end of this month. She stated that she is also working on a strategic plan that is waiting on the City Manager’s approval that addresses routes and fair increases, expansion and more routes as well including Amtrak. Michael Edwards, 409 Grove Street, stated that he would like to commend Mrs. Belton. He stated that since she has taking over the transit station the City has been moving forward. He stated that there has been a big improvement. He stated that the bus drivers are more family oriented. He stated that if anyone has any negativity towards the transit system that they need to look at where it came from and where it stands today. Seeing no further hands, Mayor Moore closed the public hearing. Council Member Myers made a motion to approve the Petersburg Area Transit’s FY2015 Program of Projects. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith and Moore; Absent: Webb q. A public hearing on a proposed increase in water and sewer charges. BACKGROUND: The cost to operate the water and sewer systems is continuing to increase due to the cost to purchase and distribute water and cost of wastewater collection and treatment. While at the same time, the customer base is stable and revenue from water and sewer billings is not increasing, The proposed budget recommends an increase of 8.4% to water rates and 10.4% to sewer rates (combined increases is 9.7%). The below chart represents the average bi-monthly utility bill for residential users. Bi-Monthly Water and Sewer Charges – Residential Users Based on Consumption of 12 CCF over 2 months Water (8.4%) Sewer (10.4%) Total (9.7%) Current FY14 $23.85 $49.39 $73.24 Proposed FY15 $26.30 $54.47 $80.77 Increase $2.45 $5.08 $7.53  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -8– ______________________________________________________________________________ RECOMMENDATION: Recommend Council approve and adopt the proposed ordinance increasing Water and Sewer Commodity Rates and Capacity Charges. Steven Hicks, Director of Public Works, gave a brief overview on proposed increase in water and sewer charges. Mayor Moore opened the floor for public comment. John Hart, 2457 Dupuy Road, stated that he understands that the increase in revenue and that the cost is coming. He stated that the citizens have had an increase in every service that is available. He asked at what point they will stop revisiting and increasing fees every year. He stated that he lives in a district where half is doing well and half is not. He stated that this has been one of the major concerns in the neighborhood. He stated that although he does understand where the City is coming from but at what point do they put an end to this. Vernel Gannaway, 652 Old Wagner Road, stated that enough is enough. He stated that he is looking back in the last couple of months and the problem with the water line breaking there is a lot of old stuff. He stated that this is a City that is trying to move forward. He stated that the City is spending a lot of money that they do not have. He stated that they are hoping that money will come in. He stated that the City of Petersburg is the highest in everything and that the main stream of people is in the City. Amy Blumenthal, 539 Reservoir Avenue, stated that she is having a hard enough time now paying for the things that she does have. She stated that she seen the meter being read and that this was a plus. She stated that it is very difficult for her these last past months with being unemployed. She stated that she is opposed to the request for an increase. Robert Anderson, 549 North Azalea Road, asked City Council to not raise the water and sewer rates. He asked whether the people in the different neighborhoods have been surveyed. He stated that he has talked to people and they do not know any of this information. He stated that he wants to know how many people represent the middle men. He stated that if a person was making six figures the rate increase would not mean a thing. He stated that for the people who are not making six figures this is hurting them. He stated that he is asking City Council to not increase the rates. Linwood Christian, 410 Mistletoe Street, stated that one of his questions is what the justification for this increase is. He asked what the citizens are going to see as a result of the taxes. He stated that they have heard this before and they have seen the same thing before which is nothing. He stated that a lot of people talk about people that rent and that they do not have best interest and that this does not bother them. He stated that the City has had an increase in the meals tax and no one has stated where the money is going to from this. He stated that everything is tacked onto the water bill. He stated that if he decides that he needs to pay his water bill but he cannot pay his sewage bill then the City cannot separate the two. He stated that it is either all or nothing. He asked what they are going to do. He asked how many more taxes the City will raise and what are they going to do. He stated that there are people who don’t live in the City but run the City. He asked how much more the citizens will have to deal with when they are not getting the best bang for their bucks. He stated that he thinks that the City needs to look somewhere else. Sarah Melissa Witiak, 22 Centre Hill Court, stated that she would like to know exactly where some of the new money is going to be spent. She stated that she thinks that this would help them to understand whether or not this is a necessary raise or not. She stated that she would like to encourage the City to think of some sort of graded operation pertaining to amount of water that is used. She stated that she would like this to be considered when City Council decides on whether they will increase the rates. Patricia Miller, 1717 South Halcun Drive, stated that she heard in the presentation that something was referenced in the proposed budget. She stated that she was present when the budget was passed. She stated that she is wondering that since the budget has already been passed why this issue is coming up now. She stated that if the budget has been passed than any revenue should have already been considered. Mr. Carter stated that the utility budget has not been passed. He stated that this is for utilities. He stated that the utility budget is scheduled to be passed at the June 3, 2014, City Council Meeting. Daniel Blaha, 2324 Squirrel Level Road, stated that he has been meeting a lot of people in his ward and that the number one complaint is the water bill. He stated that everything is going up and that nothing is coming down. He stated that most of the people in his neighborhood are on fixed incomes. He stated that if he needs to stop his driving or not go to dinner he can afford this. He stated that the people on fixed incomes are going to be the ones that will be hurt the most. Michael Edwards, 409 Grove Avenue, asked when is enough going to be enough. He stated that they have to pay for the water, sewer and the storm water. He stated that half of the City does not even drink it. He stated that there are seniors that are on fixed income that do not even clear $600 a month. He stated that there are a select few that have jobs and work every day that this action may not burden much. He stated that he stands before City Council for the seniors that are not able to attend and speak for themselves tonight. He  Minutes from the Petersburg City Council meeting held on: May 20, 2014 -9– ______________________________________________________________________________ stated that he understands that the infrastructure is old. He stated that he hopes that they reevaluate this and think of some other way to do this. Mamie Hamilton, 416 North Hampton Road, stated that she knew when the incident happened on Crater Road the citizens were going to have to pay. She stated that less than thirty days go by and there is an increase in the water bills. She stated that the funds are going to be used for this problem. She asked what is being done and what are the citizens benefiting from this. She stated that she can give an example on herself. She stated that she brought a drain pipe to put in her driveway in October 2013. She stated that she called building and grounds in the first of November to get it put in. She stated that when she left home that night at 6:30 p.m. the pipe was still lying beside her house. She stated that the reason that she was told that it was still lying there is that they do not have enough asphalt to put over top of the pipe once they put it down. He asked City Council Members to please reconsider raising the taxes. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Pritchett made a motion to table the proposal to increase the water and sewer rates. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, and Moore; Absent: Webb 7. PUBLIC INFORMATION PERIOD: The Public Information Period is established by the Rules of Council to hear input from City residents or owners of businesses in the City. It will last for a maximum of 30 minutes. Speakers will be called in the order that they have signed up to speak. If there are ten or fewer speakers, each shall speak for a maximum of 3 minutes. If there are more than six (6) people desiring to speak, the time allotted to each person may be adjusted or the number of speakers limited to meet the time limitation. A speaker may speak on items except those that are listed on tonight’s Council agenda. Any matter brought before the attention of the City Council during the public information period will not be acted upon by the City Council at this meeting. Linwood Christian, 410 Mistletoe Street, stated that everyone should be proud of the City’s new library. He stated that he had an opportunity to finally go into the new building. He stated that people have stated that once you go into that building you would not believe that you are in Petersburg. He stated that it is to be commended for having a vending area which is something that the bus station does not have. He stated that he needs to ask that in light of the fact that the City has increased the meals tax what this money is going for. He asked what is the rational for the meals tax. He stated that this would be something that they need to know as well as revenue generated. He asked what this money has been put towards. Oliver West, 3042 Black Gum Terrace (TRIAD), stated that he is from the TRIAD group. He stated that there are some senior citizens that came out for support for the TRIAD group. He stated that the Petersburg TRIAD is a group that is right in the City of Petersburg. He stated that TRIAD is a group that tried to represent and provide information to the senior citizens. He stated that he has heard people talk about the senior citizens. He stated senior citizens are people that are targeted for scams and everything that comes along for people trying to make money. He stated that they are under the office of the Sheriff Department. He stated that they have over 800 registered members. He stated that when they have their meeting there are at least 400-500 members in attendance. He stated that at their last meeting they had the Attorney General and state officials to attend. He stated that they talk to seniors about scams and health issues and services that can be provided to help them out. He stated that they ask the City for their continued support. Willie Nickleberry, 421 Pine Ridge Road, asked that if they are responsible for cleaning up their areas with overgrown grass and trees, will the City give them machines to cut the grass and trees down. He asked are the citizens supposed to use their equipment to do things that is in the City that belongs to the City. Vernel Gannaway, 652 Old Wagner Road, stated that one of his issues tonight is about the grass. He stated that he they allow the business to build in their areas but that they also need to keep their grass cut as well. He stated that on Mother’s Day in his neighborhood they had to look at the high grass. He stated that it was taken care of but it needs to be done fast. He stated that he knows that every year there is a clean-up in the City. He stated that he notices that they have receptacles for the trash. He stated that he asked when the trash was picked up and they stated every day. He stated that in his neighborhood there is only one can in the area and that he thinks they need another can and have someone pick up the trash more. He stated that it is overflowing. He stated that they like to thank public works for coming and digging up the drainage in the area as well. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of appointment/s to the John Tyler Community College Board of Directors. BACKGROUND: The John Tyler Community College (JTCC) Board of Directors consists of 18 members from the participating jurisdictions of the Cities of Colonial Heights, Hopewell, Petersburg, and Richmond and the Counties of Amelia, Charles City, Chesterfield, Dinwiddie, Prince George, Surry, and  Minutes from the Petersburg City Council meeting held on: May 20, 2014 - 10 – ______________________________________________________________________________ Sussex. Petersburg is allocated two (2) representatives. The duties of the Board include, but are not limited to, the following: serve as liaison agency between the State Board and the governing bodies of local political subdivisions, promote the development of a program of community college education of high quality under the administration and supervision of the State Board of Community College, solicit community participation in program planning and development, and review and approve the regular annual and biennium budgets for the community college. Members of the Board should be acquainted with the need for technical education. RECOMMENDATION: Recommend Council make appointments to the John Tyler Community Board or Directors. Council Member Pritchett made a motion to appoint Zelda Tucker-Dugger for a term ending June 30, 2014 and John Kennedy for a term ending June 30, 2018. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, and Moore; Absent: Webb 14-R-21 A RESOLUTION APPOINTING ZELDA TUCKER-DUGGER TO THE JOHN TYLER COMMUNITY COLLEGE BOARD OF DIRECTORS FOR A TERM ENDING JUNE 30, 2014. 14-R-22 A RESOLUTION APPOINTING JOHN KENNEDY TO THE JOHN TYLER COMMUNITY COLLEGE BOARD OF DIRECTORS FOR A TERM ENDING JUNE 30, 2017. b. Consideration of amending the Special Revenue Fund by appropriating federal asset forfeiture programs funds. BACKGROUND: On May 7, 2012, Abbott Laboratories entered into a plea agreement with the United States, pleading guilty to one count of violating Title 21, United States Code, related to the introduction and delivery into interstate commerce misbranded drugs. As a result of the plea agreement, the Office of the Attorney General (OAG) was awarded an equitable share of asset forfeiture funds. As articulated in the attached Memorandum of Understanding. The OAG will provide the Police Department with $101,429 in federal asset forfeiture monies to purchase tough books and related equipment, effectively replacing outdated computer technology. RECOMMENDATION: Recommendation Council adopts the attached appropriation ordinance. Esther Hyatt, Public Relation Officers for Petersburg Police Department, gave a brief overview of the federal asset forfeiture program funds. Council Member Pritchett made a motion to amending the Special Revenue Fund by appropriating federal asset forfeiture programs funds. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myer, Pritchett, Ross, Wilson-Smith, and Moore; Absent: Webb 14-ORD-49 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013, AND ENDING JUNE 30, 2014 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $101,429 FOR POLICE FEDERAL ASSET FORFEITURE PROGRAM. Council Member Ross stated that he would like to announce that he will be having his ward meeting on May 27, 2014, instead of May 20, 2014. Council Member Pritchett stated that they had a well-attended summer affair last at Petersburg High School. He stated that youth and adults were able to find out what some summer activities were. He stated that they had 20 vendors representing different programs in the City. He stated that there were about over 200 people in attendance. He stated that he would like to thank the other Kenneth Pritchett for helping in coordinating this. He stated that he has a question for Mr. Carter. He stated that they were looking for revenue sources. He stated that every month they get the City Treasurer’s report and that he is questioning about a half of a million dollars that is in a hospital trust fund. He stated that since the hospital was sold seven or eight years ago he was wondering why this money is there and that this could be appropriated and guided to the water and sewer utilities. He stated that he has had a few phone calls about the care of the cemeteries. He stated that the City seems to have a sporadic cutting of the grass in that area. Council Member Wilson-Smith stated that she will be having a ward meeting with the Blandford Community on Thursday at Blandford School beginning at 6:00p.m. She stated that the other item is that she would like to bring to the attention of City Council the minutes of the April 15th work session meeting. She stated that the minutes were approved at the May 6, 2014, meeting. She stated that in her opinion that the yes vote regarding the CDBG budget was their bond and everybody’s “yes”. Council Member Wilson-Smith made a motion to amend the non-departmental budget to include  Minutes from the Petersburg City Council meeting held on: May 20, 2014 - 11 – ______________________________________________________________________________ TRIAD, 4-H and PAL with the sum of $5,000 each to be taken from the contingency fund that is funded with $35,000. She stated that this motion does not change the numbers in the budget. Mr. Telfair stated that motion that has been brought before City Council Members does not comply with the requirements of Virginia Law. He stated that there are certain requirements that are needed. He stated that this cannot be done from the floor. He stated that there must be a public hearing and a part of the council’s agenda. He stated that this would have to be discussed and there would have to be an appropriation ordinance as well. Mayor Moore asked Council Member Wilson-Smith did she want to bring this back on the next agenda. Council Member Wilson-Smith stated that she did try to get it on City Council’s agenda but that it was not on the agenda. She stated that City Council went into an agreement that they were going to do this but that it was not done. She asked Mr. Telfair if he could tell her what number this is in the City Code. Mr. Telfair stated that he does not know the code off top of his head. He stated that this is in Section 15 in the code. He stated that a motion from the floor does not fit with the code. He stated that the law must be followed and a floor motion is not accurate to do so. 9. CITY MANAGER’S AGENDA: No items for this portion of the agenda. 10. CLERK OF CITY COUNCIL'S AGENDA: Nykesha Jackson, Clerk of Council, stated that at the last City Council meeting there was a correction made regarding a motion on the CDBG work session. She stated that the motion was regarding the motion of moving funds. She stated that the motion was made by Council Member Ross as originally stated and not by Council Member Coleman. She stated that she wanted this to be noted for the record. 11. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 12. CLOSED SESSION (IF NECESSARY): No closed is necessary. 13. ADJOURNMENT: Council Member Coleman moved for adjournment. The motion was seconded by Council Member Ross. There was no discussion. The motion was approved on roll call vote City Council adjourned at 9:58 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor